Medical Malpractice and Wrongful Death

Photo of Imrana Manzanares

In the most unfortunate of circumstances, a loved one is lost due to the negligence of a third party. Remedy or recovery for such a loss is addressed by bringing forth a Wrongful Death action which is addressed in Section 71 of the Texas Civil Practice and Remedies Code.

The surviving spouse, children, and parents of the deceased are the only parties that may bring a Wrongful Death claim. Parties can recover compensation for things such as lost wages, mental anguish, loss of inheritance, and the value of the care and maintenance they would have provided their family had they survived.

Generally, the Wrongful Death claim is available to the parents for the loss of a baby lost during pregnancy. For example, suppose Jane Smith, who is 30 weeks pregnant, was involved in an auto accident. If the forces of the accident caused Mrs. Smith to go into labor and deliver her baby, but the baby was born a stillborn or died soon after birth, Mrs. Smith and the baby's father would have a Wrongful Death claim for the loss of their child.

However, there are exceptions to the Wrongful Death claim, which are found in Section 71.003 of the Texas Civil Practice and Remedies Code. Under that section, if a parent is alleging a Wrongful Death claim for the loss of a child due to "the intended result of a lawful medical procedure performed by the physician or health care provider with the requisite consent," "the result of the dispensation or administration of" a drug, or "a lawful medical or health care practice or procedure of the physician or the health care provider," recovery for Wrongful Death is only available if the baby had lived or had been born alive.

Many would argue that if a mother alleges that her physician breached his or her duty to her and caused her baby to die (i.e. by causing a miscarriage or causing her to give birth to a stillborn), the mother may bring a Wrongful Death claim against the physician only if the baby was born alive.

Medical malpractice is a difficult area of law as it requires an understanding of both the legal practice and the mechanics of medicine. Abraham Watkins offers a free consultation to anyone wishing to pursue such claims.

No Comments

Leave a comment
Comment Information
  • $50+ Million Personal Injury Fire and Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Personal Injury Large Plant Explosion

    The firm successfully represented 270 plaintiffs, taking a lead role in the plaintiffs’ steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Personal Injury Plant Fire and Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Personal Injury Work Site Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm’s client.

  • $12 Million Auto Accident 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

Our Record Of Success

When you are hurt and you choose a law firm to represent you in court or at the negotiation table, you need to carefully consider the firm's record.

Read More Success Stories

Let Us Help You Request a Free Consultation Today

Get Help Now

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Back to top